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2018 Supreme(Mad) 2071

V.K.TAHILRAMANI, M.DURAISWAMY
A partnership Firm Rep. by its Partners No. 20 Beerbal Nannumiyan Street Tirupattur – Appellant
Versus
State Bank of India Rep. by the Chief Manager – Respondent


Advocates Appeared:
For the Petitioners: Mr. S.Kothandaraman
For the Respondent: Mr. Om Prakash, M/s. Ramalingam Asso.

ORDER :

V.K. TAHILRAMANI, M. DURAISWAMY, JJ.

The petitioners have filed the above Writ Petition to issue a Writ of Certiorari to call for the records of the proceedings in R.A. No. 28 of 2015, dated 14.05.2018 on the file of the Debts Recovery Appellate Tribunal, Chennai and to quash the same.

2.1 It is the case of the petitioners that the respondent bank filed a suit in O.S.No.167 of 1982 on the file of Sub Court, Tiruppathur, North Arcot District for recovery of a sum of Rs.17,21,905.38 [Rupees seventeen lakhs twenty one thousand nine hundred and five and thirty eight paise only] and the Trial Court passed a preliminary decree on 12.04.1993 giving four months time to the petitioners to pay the decreed amount. Further, in the preliminary decree, it has been stated that if the petitioners fail to pay the decreed amount within the stipulated time, the respondent bank would be at liberty to apply for a final decree for the sale of the mortgaged property and if there be deficiency in the realization of the amount, then, directed to recover the sum from the petitioners personally.

2.2 The respondent bank filed an application in O.A.No.253 of 2004 on 09.08.2004 before the Debts Recovery Tri















































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